Legal Question in Wills and Trusts in New Jersey
I have designated both my son and my daughter as executors of my will. My daughter does not wish to be a co-executor, so I would like to designate only my son. How do I do that?
3 Answers from Attorneys
Changing your executor's can be done easily. You will simpy need to update your will with the proposed revision to the executor selection. Another option would be to just leave the will as is, and your daughter can decline or renounce the appointment as co-executor when your will is probated.
It is very easy to do.
1. You can redo your will and make that change. While you are doing this, you can also look over the will and your assets and your family circumstances (did anyone get married, die, have a child, etc), and make any other needed changes. Should be pretty fast and easy.
2. You can sign a 'codicil' which just says that this one part of your Will is being changed. Faster and easier.
3. You can do nothing, and your daughter can renounce being Executor when your Will is being probated. I do not recommend this as much as the other methods, because if you make an important change like this, you really want it done, finished and over with so everyone knows for certain who is going to be executor.
Before doing any of these, you really should talk to a lawyer about it. There may be other important issues to deal with, so you don't have unexpected and expensive problems later.
Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
The best thing to do is to revise your Will and Estate plan. Do your son and daughter get along? Is there some reason why your daughter does not want to be an Executrix? Usually, there are some underlying issues that need to be addressed.
I hope this helps!
Ron Cappuccio
856 665-2121
www.SaveYourEstate.com
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